Knives and pepper spray in Delaware (2026)
Last reviewed: 9 October 2026
In short: Delaware treats any knife other than an ordinary pocketknife (blade up to 3.75 inches) carried closed, and any switchblade, as a deadly weapon. Carrying a concealed deadly weapon without a licence is a class G felony, and a person under 18 may not own or possess one. Pepper spray is a disabling chemical spray and is not a dangerous instrument for the concealed-carry offence; the weapons subchapter sets no size, age or permit rule for it.
| Rule | What applies |
|---|---|
| Folding pocket knivesCarrying in public places | A knife of any sort other than an ordinary pocketknife carried in a closed position is a deadly weapon. An ordinary pocketknife is a knife with a blade of not more than 3.75 inches. [1] |
| Locking or one-handed knivesCarrying in public places | A switchblade knife is a deadly weapon. The separate offence of unlawfully dealing with a switchblade knife (s. 1446) was repealed effective 30 July 2025. [2] |
| Fixed-blade knivesCarrying in public places | Carrying a concealed deadly weapon without a licence is a class G felony. A knife of any sort other than an ordinary pocketknife carried closed is a deadly weapon. [2] |
| Pepper sprayCarrying in public places | Disabling chemical spray includes mace, tear gas and pepper spray. For the offence of carrying a concealed dangerous instrument, disabling chemical spray is not considered a dangerous instrument. [1] |
| Exceptions and legitimate reasonsCarrying in public places | It is a defence to carrying a concealed dangerous instrument that it was carried for a specific lawful purpose with no intention of causing or threatening physical injury. [2] |
| Automatic (switchblade) knivesCarrying in public places | A switchblade knife is a deadly weapon, and carrying a concealed deadly weapon without a licence is a class G felony. The separate offence of unlawfully dealing with a switchblade knife (s. 1446) has been repealed. A person under 18 may not purchase, own or possess a deadly weapon. [2] |
| Blade length limitsCarrying in public places | An 'ordinary pocketknife' is a knife with a blade of not more than 3.75 inches; carried closed it is not a deadly weapon. Any other knife, or a pocketknife carried open, is a deadly weapon and may not be carried concealed without a licence. [1] |
| Pepper spray: size and age limitsCarrying in public places | The weapons subchapter of the Criminal Code (Title 11, Chapter 5, Subchapter VII) sets no container-size, minimum-age or permit rule for disabling chemical spray. Such spray, including pepper spray and mace, is not a dangerous instrument for the concealed-carry offence. [2] |
Notes
- The licence to carry a concealed deadly weapon under 11 Del. C. 1441 was not read here.
- The sections read cover concealed carry. Open carry of a knife was not checked.
Sources
- Delaware General Assembly: Delaware Code Title 11, Chapter 2, Section 222 General definitions (consulted 9 October 2026) · all sources
- Delaware General Assembly: Delaware Code Title 11, Chapter 5, Subchapter VII (Sections 1441-1467) (consulted 9 October 2026) · all sources
Delaware and neighbouring states
| State | Folding pocket knives | Locking or one-handed knives | Fixed-blade knives | Pepper spray | Exceptions and legitimate reasons |
|---|---|---|---|---|---|
| Delaware | Closed pocketknife up to 3.75 in is not a deadly weapon | Deadly weapon; separate offence repealed 2025 | Concealed without licence: class G felony | Not an offence to carry concealed (s. 1443) | Defence: lawful purpose, no intent to harm |
| Maryland | Penknife without switchblade is not a "weapon" | Listed weapon; sale or display is banned | Concealed banned; open only if no intent to injure | Allowed; not with intent to injure unlawfully | Reasonable precaution against apprehended danger |
| New Jersey | Not listed; "manifestly appropriate" test | Banned without explainable lawful purpose | Dagger, dirk, stiletto banned without lawful purpose | 18+, one pocket-sized device up to 3/4 oz | Explainable lawful purpose; military and officers exempt |
| Pennsylvania | Not named in 908 | Not named in 908 | Only if no common lawful purpose | ⚠ Not yet verified | Defences: curio, performance, found |
More rules in Delaware
- CannabisPossession for personal use: Legal, 21+, within limits · Growing at home: No home growing
- Car speed limitsBuilt-up areas: 25 mph business, 20-25 mph residential · Outside built-up areas (single carriageway): 50 mph (2-lane roads)
- Minimum age for a car driving licenceMinimum age for a car licence: 17 (Class D after 12 months on a permit) · Earliest age to drive a car supervised: 16 (Level 1 learner's permit)
- E-bikes and speed pedelecsLegal class: Class 1-3, bicycle rules · Minimum age: Class 3: 16
- FireworksConsumers may buy and use category F2 fireworks: No (sparklers and similar excepted) · Minimum age to buy: 18 (sparklers and similar items)
- Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $15.00 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Hands-free allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes, all seats (16+) · Seat belt compulsory in rear seats: Yes, all seats (16+)
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.